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INDONESIA
Rechtsvinding
Published by Civiliza Publishing
ISSN : -     EISSN : 29874424     DOI : https://doi.org/10.59525/rechtsvinding
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope of the discussion about sharia economic law (muamalah) with sharia principle and values.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Dentist's Responsibility for Improper Implementation of Informed Consent Kurniawan, R Veryanto; Sutarno, Sutarno; Nugroho, Hari Pudjo
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.889

Abstract

The purpose of this study is to analyze the application of informed consent to dentists' responsibilities under civil law and to analyze the application of informed consent to dentists' responsibilities under criminal law. This study falls into the category of normative legal research. The research approaches used consist of a legislative approach, a comparative approach, and a conceptual approach. The findings in this study indicate that the implementation of informed consent, in the context of civil liability, reflects the application of contractual principles in the professional relationship between dentists and patients. This relationship is based on a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). This study also shows that without valid consent from the patient, medical actions performed by dentists may lose their legal justification and, from a juridical perspective, can be classified as unlawful acts, such as abuse or negligence resulting in criminal consequences. This is in line with the provisions of Article 440 of Law Number 17 of 2023 concerning Health, which regulates criminal sanctions for medical personnel whose negligence causes serious injury or death. This provision is further strengthened by the general provisions in Articles 466 to 469 of Law Number 1 of 2023 concerning the Criminal Code (KUHP) which regulates criminal acts against the human body.
Application of Ethical Sanctions for Abuse of Influence by Members of The Corruption Eradication Commission Gengki Zulfikar, M Haidar Hanif; Hartoyo, Hartoyo; Astutik, Sri
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.993

Abstract

The establishment of the Republic of Indonesia as a State of Law requires that all actions must be based on the Law, this is also done in the Corruption Law Enforcement institution which is regulated in Law Number 30 of 2002 concerning the Corruption Eradication Commission, although in its journey there are violations such as those committed by the deputy chairman of the Corruption Eradication Commission, namely brother NG, who has been sanctioned by the KPK Supervisory Board with moderate sanctions as stipulated in the Regulation of the Supervisory Board of the Corruption Eradication Commission of the Republic of Indonesia Number 3 of 2021 concerning Enforcement of the Code of Ethics and Code of Conduct of the Corruption Eradication Commission, but this does not reflect justice considering NG's position as KPK Leader. In this case, the problem formulation is used, namely 1) How is the application of ethical sanctions against abuse of influence by members of the Corruption Eradication Commission? 2) Can Ethical Sanctions be Used as a Foundation in Law Enforcement of Corruption Crimes? By using the Normative Juridical research method and 2 (two) Approach Methods, namely the statute approach, conceptual approach, several conclusions were drawn that the sanctions imposed on Ng as KPK Leader did not reflect justice and fulfill the theory of punishment, namely the deterrent effect, where NG should have been imposed with severe sanctions considering his position as KPK Leader
Juridical Analysis of the Annulment of the Execution of Arbitral Awards by the District Court in the Supreme Court Decision Labi, Moses Sampe Karaeng Arung
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.994

Abstract

Arbitral awards in Indonesia are final and binding under Article 60 of Law No. 30/1999, yet District Courts (DCs) frequently annul enforcement through Article 70, creating legal uncertainty. This article examines annulment patterns in the Jakarta, Bekasi, and Tangerang DCs, alongside the Supreme Court’s (SC) role in safeguarding arbitral finality. Employing a doctrinal legal method through case analysis of four SC rulings (2021–2024) and comparative review of DC reasoning, the study identifies three dominant grounds: Jakarta DC broadly invoked public policy violations (60% of cases), Bekasi DC emphasized procedural defects (75%), while Tangerang DC referred to public interest conflicts. However, the SC overturned 85% of these rulings, reaffirming that (1) Article 70 applies only to concrete procedural or public policy breaches, (2) DCs lack authority to reassess the merits of arbitral awards, and (3) non-material defects cannot justify annulment. These findings reveal inconsistent DC interpretations, particularly the expansive notion of public policy adopted by Jakarta DC, which contrasts with the SC’s narrow, procedure-focused approach. Such disparities undermine arbitral finality and discourage foreign investment. The SC thus plays a pivotal role as a legal filter, though systemic reforms remain necessary through specialized judicial training, jurisprudential harmonization, and legislative revision of Indonesia’s Arbitration Law.
Problems with the Authority of Institutions Handling Corruption Crimes: Challenges and Obstacles in Realizing Peace, Justice, and Strong Institutions in Indonesia Putra, Samudra Farasi; Wahyudi, Slamet Tri
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.995

Abstract

The handling of corruption crimes has become a scourge in Indonesia's law enforcement system. Corruption crimes are extraordinary crimes that must be dealt with through special procedures in separate legal proceedings. In 2002, the government established the Corruption Eradication Commission through Law No. 30 of 2002 on the Corruption Eradication Commission. However, over time, other institutions such as the Attorney General's Office and the Police also gained authority in prosecuting corruption. This has led to legal uncertainty in the prosecution of corruption crimes and has the potential to create overlapping authorities. Meanwhile, Point 16 of the SDGs states that there should be strong state institutions in terms of law enforcement. The research method used is normative juridical with a legislative and conceptual approach. The results and discussion show that the a quo condition of corruption enforcement institutions is still held by three institutions, namely the Corruption Eradication Commission (KPK), the Attorney General's Office of the Republic of Indonesia, and the Indonesian National Police. All three have their own legal basis through Law No. 19 of 2019 concerning Amendments to Law No. 30 of 2002, Law No. 16 of 2004 concerning the Attorney General's Office and its amendments, and Law No. 2 of 2002 concerning the Indonesian National Police and its amendments, all of which grant authority to prosecute criminal acts of corruption. Therefore, the solution to this problem is to abolish the KPK and strengthen the authority of the Attorney General's Office of the Republic of Indonesia because the essential function of the KPK's establishment has been carried out until now, namely as a trigger in the enforcement of criminal acts of corruption in Indonesia, so that its existence is considered irrelevant at this time. This is also in line with point 16 of the SDGs, which requires the strengthening of law enforcement agencies to support the enforcement of the SDGs in Indonesia.
Legal Protection for Crime Victims in the Criminal Justice System Winata, Rr. Ayu Azizah
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1021

Abstract

Crime victims in the criminal justice system often face situations where their rights are inadequately protected, both procedurally and substantively. This article aims to analyze the legal protection mechanisms for crime victims in Indonesia, covering applicable regulations, judicial practices, and implementation challenges. The method used is normative juridical research through a literature study of legislation, legal doctrines, and previous research findings. The analysis shows that although Indonesia has established a legal framework such as the Law on Witness and Victim Protection (Law No. 13 of 2006 jo. Law No. 31 of 2014), the Criminal Procedure Code (KUHAP), and other sectoral regulations, the realization of victim protection remains suboptimal. Victims often lack access to compensation, protection from intimidation, and psychological recovery services. Therefore, institutional strengthening, improved regulatory implementation, and the adoption of restorative justice approaches are needed to ensure more effective and equitable protection for victims.
The Concept and Implementation of Customary Law in Indonesian Society Handayani, Yuli
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1023

Abstract

Customary law is a legal system that has grown and developed within Indonesian society, rooted in cultural values, traditions, and local customs. This law is living, dynamic, and possesses normative authority recognized within the national legal system. This article aims to elaborate on the fundamental concepts of customary law, its characteristics, and its application within the context of modern Indonesian society. The study employs a qualitative descriptive approach through a literature review method, drawing on various legal sources and previous research. The findings indicate that customary law not only functions as a regulator of social behavior but also serves as a moral foundation for maintaining societal harmony. Despite the challenges posed by globalization and modernization, customary law remains relevant as long as it can adapt to the principles of social justice and the national legal framework.
Legal Policy on Changing the Nomenclature of the Ministry of State-Owned Enterprises to the State-Owned Enterprise Management Agency in Indonesia Sinaga, Anna Shania de Zeta; Marsal, Irsyah
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1024

Abstract

The reform of the governance of State-Owned Enterprises (BUMN) in Indonesia demands a fundamental separation of roles to balance the function of public service with an efficient and competitive corporate approach, as BUMN carries out the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI Tahun 1945). The previous dualism of functions between regulator and operator inherent in the Ministry of BUMN had hindered performance optimization and created the risk of political intervention, consequently triggering an urgent need to form entities focused on economic value and managerial independence. The establishment of the Danantara Investment Management Agency (BPI Danantara) as the operator holding and the BUMN Regulatory Agency (BP BUMN) as the regulator represents a strategic legal political policy aimed at eliminating moral hazard, enhancing accountability, and attracting global investment. This research employs a normative juridical method with statutory and conceptual approaches. The research results indicate that BPI Danantara is designated as the economic controller and business operator through majority share ownership, functioning as a professional fund manager responsible for value creation, restructuring, and the remediation of loss-making BUMN through a corporate cross-subsidy scheme. Conversely, BP BUMN plays the role of an independent regulator focusing on setting general policy directions, governance standards, and BUMN compliance oversight; however, the potential for conflicting authorities and the issue of meaningful participation in law formation must be addressed with robust check and balance mechanisms and highly detailed implementing regulations.
Expansion of Legal Measures Beyond Article 77 of The Criminal Code Concerning Pretrial and Constitutional Court Decision No. 76/PUU-XII/2014: Case Study No. 16/PDT. G/2022/PN. CBD Yazdi, Ahmad; Ahmad, Sufmi Dasco; Satory, Agus
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1025

Abstract

This research discusses the expansion of legal remedies beyond Article 77 of the Indonesian Criminal Procedure Code (KUHAP) concerning pretrial mechanisms, focusing on the application of Constitutional Court Decision No. 76/PUU-XII/2014 in the context of civil tort claims (Perbuatan Melawan Hukum). The case study involves Case No. 16/Pdt.G/2022/PN.Cbd at the Cibadak District Court. Using a normative juridical and case study approach, the study analyzes primary legal documents, statutory regulations, and judicial decisions. Findings indicate that the investigator's summons without gubernatorial approval violated procedural legality and constitutional protection principles. Furthermore, premature media exposure of the plaintiff's identity contravened the presumption of innocence and caused immaterial harm not remediable through pretrial mechanisms. Thus, the tort lawsuit serves as a complementary alternative to pretrial review, reinforcing comprehensive legal protection for constitutional rights and personal reputation.
Juridical Review of the Confidentiality of Medical Check-Up (MCU) Results of Employees in Industrial Relations in Indonesia Hidayat, Asep Nurman
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1038

Abstract

Medical Check-Up (MCU) is a legal requirement in industrial relations that serves to ensure employee health and occupational safety. However, the results of the MCU contain personal data that is sensitive and must be protected based on the provisions of medical confidentiality and laws and regulations in Indonesia. This study aims to analyze the legal framework that governs the confidentiality of MCU results, identify potential violations of the law, and provide juridical recommendations in efforts to protect employee health information. This study uses a normative juridical method with a legislative and conceptual approach. Data were obtained through literature studies that included primary, secondary, and tertiary legal materials, then analyzed descriptively and qualitatively. The results of the study show that the Health Law, the Employment Law, and the Personal Data Protection Law in Indonesia collectively form a strong legal foundation in recognizing the results of MCU as specific personal data that must be kept confidential. However, its implementation is still weak due to overlapping regulations, limited institutional capacity, and weak cybersecurity practices. Strengthening law enforcement, regulatory coordination, and institutional capacity are needed so that legal protection can be translated into real data privacy protection. Thus, the confidentiality of MCU results can only be effectively enforced through the synergy between legal certainty, professional ethics, and institutional governance.
The Constitutionality of Simultaneous Elections in The Constitutional Court Decision Number 135/PUU-XXII/2024 and its Implications for Democracy in Indonesia Safitri, Dewi Sekar Ayu; Zalil, Muhammad Abdul; Hadi, Abdul
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.1055

Abstract

General elections, as the primary means of exercising popular sovereignty, form a vital pillar of Indonesia’s constitutional democracy. The Constitutional Court Decision No. 135/PUU-XXII/2024, submitted by the Perludem Foundation, marks a critical judicial review of the constitutionality of the five-box simultaneous election model used in 2019 and 2024. This study aims to examine whether the system aligns with the principles of convenience, fairness, and legal certainty mandated by the 1945 Constitution, and how the Court’s decision redefines electoral design in Indonesia. Employing a normative juridical approach combined with case and conceptual analysis, the research focuses on constitutional provisions and relevant electoral laws. The findings reveal that the five-box model undermines the effective exercise of popular sovereignty, weakens political party institutionalization, and disregards the Constitutional Court’s prior guidance on electoral simultaneity. Consequently, the study proposes a new framework dividing elections into national and local stages, held at separate intervals to enhance manageability and voter participation. The results underscore the Constitutional Court’s role as the guardian of the Constitution in correcting electoral practices that deviate from democratic principles. It concludes that legislative follow-up through simpler and more participatory regulations is imperative to ensure the integrity and sustainability of Indonesia’s democratic process.

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